Datta Shamrao Lolewar (In Fir Name Datta Lalewad) v. The State Of Maharashtra And Another

2025:BHC-AUG:8932 ABA 355/25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 ANTICIPATORY BAIL APPLICATION NO. 344 OF 2025 DATTA SHAMRAO LOLEWAR (IN FIR NAME DATTA LALEWAD)

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Shinde Dhananjay M. APP for Respondents/State : Mr. A.A.A. Khan ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

25/03/2025 PER COURT :

1.

Heard the learned counsel for the applicant and the learned APP for the respondents-State.

2.

The applicant is apprehending arrest in connection with Crime No. 2/2025 dated 5.1.2025 registered with Barad Police Station, District Nanded for the offence punishable under sections 352, 351(1)(2), 191(2), 190, 189(2), 109 of B.N.S., 2023 and under section 4 r/w. 25 of the Arms Act. 3.

This matter came before this court first time on 3.3.2025 and notice was issued on that date. It was again listed on 10.3.2025, 19.3.2025. Till date the learned APP has not received instructions from the concerned I.O. The learned APP submits that he has intimated the I.O. about the dates of this matter, however, he has not received instructions/police papers in the matter from the I.O. In view of above submissions, this court is constrained to decide the application today on the basis of material available before this Court.

4.

This Court by order dated 10.3.2025 has granted interim protection to the applicant. The F.I.R. indicates that the applicant has assaulted the informant by fist blows while he was running away from the spot of incident

ABA 355/25 after being assaulted by the co-accused. Considering this aspect of the matter, there is no recovery made at the instance of applicant. In view of the above, I deem it appropriate to confirm the interim relief granted on 10.3.2025.

5.

In view of the above, the application is allowed and the interim protection granted on 10.3.2025 is confirmed on the following terms : i] The applicant shall attend the police station as and when required.

ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case. iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

6.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 7.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8.

The application stands disposed of.

9.

Office of Government Pleader is directed to intimate this order to the supervisiory authority of the I.O. in this case. [ARUN R. PEDNEKER, J.] SSC/